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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7432
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello My husband and I are making an application for citizenship

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My husband and I are making an application for citizenship and have just seen where they mentioned Traffic offences under good character requirements. My husband was fined for failure to produce a license in 2009. He also received points for breaking a red light back in 2005 those points have since been removed. I have received penalty notices - cannot remember how many in the last 12 months but possibly two or three. Is there anyway we can find out when I have had the fixed penalties and also how do we know if the traffic offences have been spent for my husband or not? Do we need to declare the one in 2009 which we know of for sure? Thanks

Did any of these offences proceed to court, or did you simply pay the fines upon receipt of the FPNs?

Customer: replied 4 years ago.
My traffic offences did not proceed to court I just paid the fixed penalty. However my husband has received one fine from the court in 2009 and he thinks he may have received one inXXXXXas well. I am not sure how we can find out?

Thanks for your reply.

You will see from the following guidance on the good character requirement that there is a requirement that one should not have unspent convictions as at the date of the application for ILR:-

However, you will further note that this does not include traffic offences unless they were received in Court. Therefore your application will note be controversial and you should apply. I would recommend disclosing the FPNs in your covering letter but confirming that you simply paid the fine and therefore they are not unspent convictions.

If your husband's were received in Court then I'm afriad they are convictions for the purpose of the good character requirement. Thus, he will be rejected if he applies before they are spent. Each would be spent 5 years from the date of conviction.

You should check his criminal record by carrying out a Criminal Record Bureau check:-

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Kind regards,

Customer: replied 4 years ago.
Thanks so much for your help! Do you know whether we can call the courts to find out if he has had a traffic offence directly or should we do the CRB thing to find out?

No, do the CRB. They are reliable.

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Customer: replied 4 years ago.
You are very good and so quick. Thanks for your help. I will do just that.

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